R v SYDNEY [2004] NSWCCA 63

R v SYDNEY [2004] NSWCCA 63

Although the sentence was lenient, the sentencing judge did not err in allowing a 15% discount for the guilty plea and did not fail to take the Form 1 matters into account. Having regard to the aggravating and mitigating circumstances, the respondent's youth, first custodial sentence, rehabilitation efforts, assistance to police, and the principle of double jeopardy on a Crown appeal, a sentence of about 7 years discounted to 6 years was not manifestly inadequate.

Jurisdiction
Australia
Judgment Date
22 March 2004
Procedural Posture
Crown Appeal Against Sentence Under S. 5 D of the Criminal Appeal Act (nsw) 1912 / Appeal to the Court of Criminal Appeal Against Sentence Imposed in the District Court
Outcome
Appeal dismissed.
Legal Topics
['manifest Inadequacy of Sentence' 'aggravated Armed Robbery' 'guilty Plea Discount' 'form 1 Matters' 'objective Seriousness' 'general Deterrence' 'double Jeopardy on Crown Appeal']
['criminal Law' 'sentencing'] ['manifest Inadequacy of Sentence' 'aggravated Armed Robbery' 'guilty Plea Discount' 'form 1 Matters' 'objective Seriousness' 'general Deterrence' 'double Jeopardy on Crown Appeal']

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Procedural Posture

Crown Appeal Against Sentence Under S. 5 D of the Criminal Appeal Act (nsw) 1912 / Appeal to the Court of Criminal Appeal Against Sentence Imposed in the District Court

Legal Issues

  1. 1 ['Whether the sentence imposed for aggravated armed robbery was manifestly inadequate.' "Whether the sentencing judge erred in allowing a 15% discount for the utilitarian value of the respondent's guilty plea." 'Whether the sentencing judge appropriately took into account the matters on the Form 1.' 'Whether the sentence reflected the objective seriousness of the offence and the need for general deterrence.']

Ratio Decidendi

Although the sentence was lenient, the sentencing judge did not err in allowing a 15% discount for the guilty plea and did not fail to take the Form 1 matters into account. Having regard to the aggravating and mitigating circumstances, the respondent's youth, first custodial sentence, rehabilitation efforts, assistance to police, and the principle of double jeopardy on a Crown appeal, a sentence of about 7 years discounted to 6 years was not manifestly inadequate.

Court Disposition

Appeal dismissed.

Orders

  • ['Appeal dismissed.']